Alternate Universe? Illinois becomes a SHALL-Issue CCW State w/Overwhelming Majority! OMG! OMG!Submitted by AnCapMercenary on Fri, 05/31/2013 - 21:31
Um, WOW? Does your state's CCW 'allow' you to carry at restaurant/bars? Because the traditionally anti-gun IL, does, now (even with some caveat):
"But lawmakers said the bill would allow people to carry concealed weapons in restaurants where alcohol is served but more than half of the sales are for food."
Rep. Brandon Phelps, D-Harrisburg, center left, and Sen. Gary Forby, D-Benton, center right, co-sponsors of the bill, celebrate passage of their concealed carry bill on the Senate floor at the State Capitol in Springfield, Ill. (E. Jason Wambsgans / Chicago Tribune / May 31, 2013)
By Ray Long and Monique Garcia Clout Street
8:13 p.m. CDT, May 31, 2013
SPRINGFIELD --- State lawmakers today approved compromise legislation to set up rules on who can carry concealed guns and where they can be carried.
Illinois is the last state in the nation not to have some form of concealed carry on the books, but a federal appeals court overturned the state’s long standing ban in December and gave lawmakers until June 9 to come up with regulations to allow it.
"Don't let your constituents go off the cliff, this is a historic day for law abiding gun owners in this state," said sponsoring Rep. Brandon Phelps, D-Harrisburg.
A five-year concealed weapons permit would be issued to applicants. Law enforcement could object, and an applicant could appeal to a seven-member board designed to have people with such credentials as former judges or FBI agents. A person would have to complete 16 hours of training before getting a gun.
The Governor has yet to sign, but in light of SCOTUS ruling and the majority vote in the IL legislature, it's more than likely a sure thing, now.
Posted on May 31, 2013 by Dan Zimmerman
By John Boch
Illinois is now poised to join the 49 other states in America by throwing its antiquated prohibition on self-defense outside the home into the dustbin of history. The Illinois Senate passed HB183 earlier today by a margin of 45-12-1 (36 votes are required to over-ride a governor’s veto). The House approved it moments ago by a vote of 89-28 (71 votes required to over-ride). It’s time for a glass of champagne. FINALLY!
John is president of Guns Save Life. This post originally appeared at gunssavelife.com and is reprinted here with permission.
*** Still insanely restrictive, It's heavily focused on mental capacity determination and BS state-leaning determination as to whom is what and why, and does protect CCW holders from being disclosed under FOIA, in light of NY MSM a-holes endangering gunowners. All in all, sucks, compared to say AZ, but it would be the first time IL became a shall-issue CCW state.
Read it for yourselves:
Actual Bill, as passed
Date Chamber Action
5/31/2013 House Passed Both Houses
Synopsis As Introduced
Amends the Electronic Fund Transfer Act. Removes the requirement for a person operating a terminal to disclose surcharges for usage of the terminal by a sign on the terminal. Effective immediately.
Replaces everything after the enacting clause. Creates the Firearm Concealed Carry Act. Allows residents and non-residents who meet specified qualifications to apply for a license to carry a concealed firearm in this State.
The license is valid for 5 years and the license fee is $150 for a resident and $300 for a non-resident. Allows any law enforcement agency to object to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. Allows the Department of State Police to object to a license applicant with 5 or more arrests for any reason or 3 or more gang-related arrests within the 7 years preceding the date of application. These objections are reviewed by a Concealed Carry Licensing Review Board composed of 7 members appointed by the Governor with the advice and consent of the Senate.
The Concealed Carry Licensing Review Board determines by a preponderance of the evidence whether the applicant is eligible or ineligible for a license.
Prohibits a licensee from carrying a concealed handgun into certain specified locations.
Requires the Department of State Police to approve a 16 hour training course for new license applicants and 3 hour course for license renewal, and to certify course instructors.
Establishes training course requirements.
Creates a task force to develop a plan by March 1, 2014 to allow for a Firearm Owner's Identification Card and concealed carry license designation to appear on a person's Illinois driver's license or Illinois identification card.
Preempts home rule on the regulation, licensing, possession, registration, and transportation of concealed handguns as covered by the Act. Creates the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
Requires the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the Department of Human Services when a student is determined to pose a clear and present danger to himself, herself, or to others within 24 hours of the determination.
Amends the Mental Health and Developmental Disabilities Code to make conforming changes and require notification to the Department of State Police Firearm Owners Identification Card Office no later than 7 days after entry of a court order for an adjudication as a mentally disabled or disabled person.
Requires reporting a developmental disability or clear and present danger determination within 24 hours of the determination to the Department of Human Services, and the Department of Human Services must notify the Department of State Police.
Firearms in the possession of a person adjudicated as a mentally disabled or disabled person must be ordered by the court to deliver the firearms to a person with a valid Firearm Owner's Identification Card for safekeeping. The adjudicated person shall also be ordered to surrender his or her Firearm Owner's Identification Card. Amends the Firearm Owners Identification Card Act (FOID).
Defines "addicted to narcotics" for purposes of disqualifying a person for a Firearm Owner's Identification Card.
Changes the disqualification for a Firearm Owner's Identification Card as a "mental defective" to "mentally disabled".
Adds to the definition of "mentally disabled" an adjudication as a disabled person, a finding of guilty but mentally ill, or a determination that a person is a clear and present danger to himself, herself, or to others.
Defines "clear and present danger". Preempts home rule on the regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns as covered by the FOID Act.
Preempts home rule on the prohibition of possession or ownership of assault weapons unless the ordinance is enacted before, on, or within 10 days of the effective date of this Act and any amendments thereafter.
Amends The Freedom of Information Act.
Exempts from disclosure the names and information of persons who have applied for or received a concealed carry license and certain records under the Firearm Concealed Carry Act.
Amends the Open Meetings Act to close meetings and deliberations of the Concealed Carry Licensing Review Board.
Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the State Finance Act.
Creates the State Police Firearm Services Fund for fee revenue from the Firearm Owners Identification Card Act and Firearm Concealed Carry Act.
The Department of State Police may use the Fund for its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act and Firearm Concealed Carry Act.
Creates the Mental Health Reporting Fund for fee revenue from the Firearm Concealed Carry Act for the Department of State Police and the Department of Human Services for duties in collecting and reporting data on mental health records and ensuring firearm possession prohibitions related to mental health are enforced. Surplus money in the Fund may be used for mental health treatment programs. Amends the Criminal Code of 2012 and other Acts to make conforming changes. Effective immediately.
Senate Floor Amendment No. 6
Removes reference to "concealed" handguns in the preemption Section of the Firearm Concealed Carry Act.
Senate Floor Amendment No. 7
Changes the appointment of the member representing the National Rifle Association to the task force on consolidation of the Firearm Owner's Identification Card and the concealed carry license from appointment by the Speaker of the House of Representatives to appointment by the Secretary of State.
UPDATE 1: Recent 2A-related developments in the Land of Barry Soetoro
Hans von Spakovsky
September 19, 2013 at 3:05 pm
The Illinois Supreme Court has finally joined the rest of the nation and the U.S. Supreme Court in recognizing the right of Illinois residents to exercise their Second Amendment rights.
On September 12 in Illinois v. Aguilar, the Illinois court voided a state statute that made the “aggravated unlawful use of a weapon” a felony. But the “aggravated unlawful use of a weapon” was defined so broadly that it was, for all intents and purposes, a complete ban on the concealed carry of any firearm in public.
Illinois’s law had already been found unconstitutional by a federal court in Moore v. Madigan (2012). In fact, the federal court had given the state 180 days to pass a law that allowed concealed carry, and the state implemented a new law on the final day of the deadline. Illinois was the last state in the country to drop its ban on concealed carry, but already some elected officials in Chicago “are attempting an end run around” the new state law.
[** meh: it's from the usually neoCon-ish Heritage Fdn., but this one? Good to go: it's basically a blow-by-blow 2A news update blurb]
By Dan Zimmerman on September 17, 2013
That’s what today’s court ruling seems to indicate. If you’ll remember, the Illinois supreme court ruled last week that the right to keep and bear arms as enumerated in the bill of rights extends outside the home. A radical idea to be sure. What’s the practical effect of that? It’s this: “A Cook County judge reversed herself Monday and dismissed weapons charges against a Chicago man after a recent Illinois Supreme Court ruling that called part of the state’s gun law unconstitutional.” The defendant, Deafalla Haddad, bought a .45 and began carrying it after he was attacked in his car. In Cook County. Illinois. When he was stopped for speeding in December . . .
As chicagotribune.com reports, he informed the officer that he was packing the .45 in a holster and was promptly arrested and charged with unlawful use of a weapon.
Under Illinois statutes at the time, carrying a concealed firearm was illegal. But in February 2013, the 7th U.S. Circuit Court of Appeals struck down parts of the state law, and in March Fakhoury filed a motion to dismiss the charges against Haddad.
By George Houde Special to the Tribune
6:43 p.m. CDT, September 16, 2013
A Cook County judge reversed herself Monday and dismissed weapons charges against a Chicago man after a recent Illinois Supreme Court ruling that called part of the state's gun law unconstitutional.
Cook County Circuit Judge Ellen Mandeltort last week denied Deafalla Haddad's request to drop the charges.
But the Supreme Court ruled Thursday that part of the state's gun law was unconstitutional and advised prosecutors to drop charges in certain cases. That ruling fell in step with a federal court decision earlier this year declaring that the state's gun laws violated the U.S. Constitution.
By Steve Schmadeke Tribune reporter
7:29 p.m. CDT, September 14, 2013
Cook County prosecutors will drop weapons charges pending against a small number of licensed firearms owners after the Illinois Supreme Court ruled this week that part of a state gun law is unconstitutional.
The Illinois Supreme Court ruled Thursday that state prosecutors must follow a ruling from a federal appeals court last year that ended Illinois' status as the last state without a concealed carry law.
The ruling from the state's highest court affects only a portion of a law prohibiting people from carrying guns outside their homes. Cases of aggravated unlawful use of a weapon brought against people who have valid FOID cards and were carrying firearms will not be pursued, prosecutors and defense attorneys said.
By Robert Farago on September 12, 2013
The Illinois Supreme Court has just ruled in the case of Alberto Aguilar v. The People of the State of Illinois. Click here for the brief. Click here to read the Law Center to Prevent Gun Violence’s brief arguing that “the carrying of firearms in public places creates serious public safety risks.” Click here for the Illinois Supreme Court’s ruling. As follows: “The principal issue in this case is whether section 24-1.6(a)(1), (a)(3)(A) of the Illinois aggravated unlawful use of weapons (AUUW) statute (720 ILCS 5/24-1.6(a)(1), (a)(3)(A) (West 2008)) violates the right to keep and bear arms, as guaranteed by the second amendment to the United States Constitution (U.S.Const., amend. II). We hold that it does.” In other words, they’ve turfed the law against bearing weapons outside the home. As you’d expect, the court’s decision cites Heller and McDonald Supreme Court rulings and tips its proverbial hat at Moore . . .
As the Seventh Circuit correctly noted, neither Heller nor McDonald expressly limits the second amendment’s protections to the home. On the contrary both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home. Moreover, if Heller means what it says, and “individual self-defense” is indeed “the central component” of the second amendment right to keep and bear arms (Heller, 554 U.S. at 599), then it would make little sense to restrict that right to the home, as “[c]onfrontations are not limited to the home.” Moore, 702 F.3d at 935-36. Indeed, Heller itself recognizes as much when it states that “the right to have arms *** was by the time of the founding understood to be an individual right protecting against both public and private violence.” (Emphasis added.) Heller, 554 U.S. at 593-94
The only fly in the ointment: the Illinois justices did NOT quash Mr. Aguilar’s conviction for underage possession. Once again, that Heller bit about “reasonable restrictions” has come home to roost.
By Dan Zimmerman on July 9, 2013
On the last day before a federal court order to enact a workable concealed carry law would have, by default, allowed constitutional carry in the Land of Lincoln, the House and Senate took Governor Sockpuppet’s Pat Quinn’s amendatory veto and wished him a hearty ba fungul. And with that, Illinois joins the rest of the nation by, at long last, recognizing the Second Amendment to the United States Constitution and putting in place at least some form of concealed carry. Is it all it could be? Of course not. This is Illinois, we’re talking about. The most corrupt state in the nation. And with competition from locales like New Jersey, New York and California, that really means something. But it’s a huge step forward, particularly for the downstate population who’s chafed under the iron-fisted control of Chicago for decades. It’s been a long time coming. Click here for the details of the approved legislation.